Q: Can a tenant in common force the sale of the entire property to get their share of the property value?
We do not agree to the buy out amount they are asking us to give them. Not sure if Michigan law prohibits them selling the entire property (hunting land and a camp on the property). Are they only permitted to sell their portion?
A: It is possible to seek a partition of the land in court. A full description of the process is not possible. You should consult an attorney.
Kenneth V Zichi agrees with this answer
1 user found this answer helpful
A:
Mr Morris is correct and BOY is his statement that "A full description of the process is not possible" an understatement!
BRIEFLY, tenants in common are treated differently than joint tenants with rights of survivorship or tenants by the entireties. Each of those forms of 'joint' ownership have their own plusses and minuses, and you need to understand what you have before you go much further.
THAT SAID, partition is a very expensive and divisive sort of lawsuit and is rarely the 'best' way to resolve disputes and if someone is suggesting they want to be bought out, negotiation is almost ALWAYS the better course. Hire a local real estate attorney to help you get to yes in this process. You'll all be better off!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
A:
Tenants in common can compel a sale of a co -owned property through a legal action called "partition." In most circumstances, joint tenancies, on the other hand, courts cannot compel parties to sell their property.
This is why it is so important to have an attorney review the 'magic legal language" when creating a deed so there is no far reaching legal consequences that one lives to regret at a later date.
For more information visit: www.ProvenResource.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
